S T A T E O F N E W Y O R K
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2552--A
Cal. No. 214
2009-2010 Regular Sessions
I N A S S E M B L Y
January 20, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Education -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the education law, in relation to the board of education
in the city of Rochester; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 2554 of the education law,
as amended by chapter 91 of the laws of 2002, is amended to read as
follows:
THE BOARD OF EDUCATION IN A CITY SHALL EXERCISE NO EXECUTIVE POWER AND
PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTION. Subject to the
provisions of this chapter, the board of education in a city, except the
city board of the city of New York, shall have the power and it shall be
its duty:
S 2. Subdivision 2 of section 2554 of the education law, as amended by
section 2 of part B of chapter 88 of the laws of 2000, is amended to
read as follows:
2. To create, abolish, maintain and consolidate such positions, divi-
sions, boards or bureaus as, in its judgment, may be necessary for the
proper and efficient administration of its work; to appoint a super-
intendent of schools, such associate, assistant, district and other
superintendents, [examiners,] directors, supervisors, principals, teach-
ers, lecturers, special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational, social or
recreational work or in the business management or direction of its
affairs as said board shall determine necessary for the efficient
management of the schools and other educational, social, recreational
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05666-02-0
A. 2552--A 2
and business activities; provided, however, that in the city school
[districts] DISTRICT of the [cities] CITY of Buffalo [and Rochester]
appointment of associate, assistant and district superintendents, and
other supervising staff who are excluded from the right to bargain
collectively pursuant to article fourteen of the civil service law
shall, within the amounts budgeted for such positions, be by the super-
intendent of such city school district AND THOSE SO APPOINTED SHALL BE
IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND
RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN THE
CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER APPOINTMENT OF ASSOCIATE,
ASSISTANT, DISTRICT SUPERINTENDENTS AND OTHER CERTIFIED AND UNCERTIFIED
SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM
THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SHALL, WITHIN AMOUNTS BUDGETED FOR SUCH POSITIONS, BE
BY THE SUPERINTENDENT OF SUCH CITY SCHOOL DISTRICT AND THOSE SO
APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
CIVIL SERVICE AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
OF LAW; and to determine their duties except as otherwise provided here-
in.
S 3. Subdivision 2-a of section 2554 of the education law is REPEALED
and five new subdivisions 2-a, 2-b, 28, 29 and 30 are added to read as
follows:
2-A. IN ITS DISCRETION TO ADOPT A RESOLUTION ESTABLISHING THE OFFICE
OF AUDITOR, AND AT ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
AUDITOR, TO ADOPT A RESOLUTION ABOLISHING THE OFFICE; PROVIDED, HOWEVER,
THAT THE SCHOOL DISTRICT OF THE CITY OF ROCHESTER SHALL ADOPT A RESOL-
UTION ESTABLISHING THE OFFICE OF AUDITOR, AND SHALL NOT ABOLISH SUCH
OFFICE. A BOARD OF EDUCATION WHICH HAS ESTABLISHED THE OFFICE OF AUDITOR
SHALL APPOINT AN AUDITOR WHO SHALL HOLD SUCH POSITION SUBJECT TO THE
PLEASURE OF THE BOARD. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO
THE OFFICE OF AUDITOR WHO SHALL BE A MEMBER OF THE BOARD OF EDUCATION OR
THE SUPERINTENDENT OF SCHOOLS OR WHO SHALL HOLD ANY OTHER POSITION OR
PERFORM IN ANY CAPACITY WITHIN THE SCHOOL DISTRICT. WHEN THE OFFICE OF
AUDITOR SHALL HAVE BEEN ESTABLISHED AND AN AUDITOR QUALIFIED, THE POWERS
AND DUTIES OF THE BOARD OF EDUCATION WITH RESPECT TO AUDITING ACCOUNTS,
CHARGES, CLAIMS OR DEMANDS AGAINST THE CITY SCHOOL DISTRICT SHALL
DEVOLVE UPON AND THEREAFTER BE EXERCISED BY SUCH AUDITOR, DURING THE
CONTINUANCE OF THE OFFICE. THE AUDITOR SHALL HAVE ACCESS TO AND MAY
DEMAND PRODUCTION OF ANY RECORDS OF THE SCHOOL DISTRICT, INCLUDING BUT
NOT LIMITED TO ESTIMATES OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL
NEEDS AND PLANS, WHETHER IN DRAFT OR FINAL FORM WITH ALL BACK-UP INFOR-
MATION AND WORK PAPERS, AND WHETHER BEFORE OR AFTER SUBMISSION TO OR
APPROVAL BY THE SCHOOL BOARD.
2-B. IN ITS DISCRETION TO ASSIGN AN EXAMINER WITH POWER TO CONDUCT
INVESTIGATIONS AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION. EACH
EXAMINER SHALL HAVE ACCESS TO AND MAY REQUIRE THE PRODUCTION OF BOOKS,
PAPERS AND OTHER DOCUMENTS AND INFORMATION MATERIAL RELATED TO ANY
INVESTIGATION OR HEARING. EACH EXAMINER SHALL CONCLUDE AND REPORT THE
RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD OF EDUCATION NO
LATER THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF SUCH INVESTI-
GATION OR HEARING.
28. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS OF FIFTY THOUSAND DOLLARS OR
MORE.
29. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON RECEIPT
FROM THE SUPERINTENDENT, TO REVIEW AND EITHER RETURN TO THE SUPERINTEN-
A. 2552--A 3
DENT FOR AMENDMENT OR APPROVE AND FILE WITH THE MAYOR, PURSUANT TO
SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE, THE ANNUAL
ITEMIZED ESTIMATE AND CAPITAL PLAN FOR THE DISTRICT. SUCH BUDGET AND
CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJECTIONS OF REVENUES, EXPENSES,
INDEBTEDNESS AND CAPITAL NEEDS.
30. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
JOINTLY, WITH THE SUPERINTENDENT, POLICIES AND PROCEDURES FOR THE
HIRING, FIRING AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
S 4. Subdivision 3 of section 2565 of the education law, as added by
chapter 302 of the laws of 1980, is amended to read as follows:
3. Notwithstanding the provisions of subdivisions one and two of this
section, the superintendent of schools of the Rochester city school
district shall serve [at the pleasure of the board of education] FOR A
TERM PURSUANT TO A CONTRACT; provided, however, that such term shall, in
no event, exceed a period of four years. FURTHER, THE SUPERINTENDENT
SHALL NOT BE REMOVED FROM OFFICE EXCEPT UPON THE VOTE OF TWO-THIRDS OF
THE MEMBERS OF THE BOARD.
S 5. Subdivision 6 of section 2566 of the education law, as amended by
chapter 263 of the laws of 2005, is amended to read as follows:
6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims auditors, attendance offi-
cers, janitors and other persons employed in the management of the
schools or the other educational activities of the city authorized by
this chapter and under the direction and management of the board of
education, except that in the city school [districts] DISTRICT of the
[cities] CITY of Buffalo [and Rochester] to also appoint, within the
amounts budgeted therefor, such associate, assistant and district super-
intendents and all other supervising staff who are excluded from the
right to bargain collectively pursuant to article fourteen of the civil
service law AND THOSE SO APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE
UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND RELATED PURPOSES NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY SCHOOL DISTRICT OF
THE CITY OF ROCHESTER TO ALSO APPOINT, WITHIN AMOUNTS BUDGETED THEREFOR,
SUCH ASSOCIATE, ASSISTANT, DISTRICT SUPERINTENDENTS AND ALL OTHER CERTI-
FIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF
WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THOSE SO APPOINTED SHALL
BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE
AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW; to
transfer teachers from one school to another, or from one grade of the
course of study to another grade in such course, and to report imme-
diately such transfers to said board for its consideration and action;
to report to said board of education violations of regulations and cases
of insubordination, and to suspend an associate, assistant, district or
other superintendent, director, supervisor, expert, principal, teacher
or other employee until the next regular meeting of the board, when all
facts relating to the case shall be submitted to the board for its
consideration and action.
S 6. Section 2566 of the education law is amended by adding four new
subdivisions 10, 11, 12 and 13 to read as follows:
10. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
AND DELIVER TO THE BOARD OF EDUCATION FOR REVIEW AND APPROVAL AN ANNUAL
ITEMIZED ESTIMATE AS PROVIDED FOR IN SECTION TWENTY-FIVE HUNDRED SEVEN-
TY-SIX OF THIS ARTICLE AND AN EDUCATIONAL FACILITIES CAPITAL PLAN. EACH
SUCH ESTIMATE AND CAPITAL PLAN SHALL BE AT SUCH LEVEL OF DETAIL AS
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NECESSARY SO AS TO ENABLE THE BOARD TO MAKE AN INFORMED REVIEW OF SUCH
ESTIMATE AND CAPITAL. ALSO, EACH SUCH ESTIMATE AND CAPITAL PLAN SHALL
INCLUDE A FOUR-YEAR PROJECTION OF ESTIMATED REVENUES, EXPENSES, CAPITAL
NEEDS, AND INDEBTEDNESS.
11. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
AND SUBMIT FOR EVERY PERIOD OF TWO MONTHS, IN A FORMAT APPROVED BY THE
BOARD OF EDUCATION AND THE MAYOR, A SUMMARY OF THE DISTRICT'S ACTUAL
REVENUES, EXPENSES, AND INDEBTEDNESS, AND COMPARING THE SAME WITH THE
ANNUAL ESTIMATE.
12. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS LESS THAN FIFTY THOUSAND
DOLLARS.
13. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
JOINTLY, WITH THE BOARD OF EDUCATION, POLICIES AND PROCEDURES FOR THE
HIRING, FIRING, AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
S 7. Subdivision 3 of section 2573 of the education law, as amended by
section 4 of part B of chapter 88 of the laws of 2000, is amended to
read as follows:
3. Associate superintendents, examiners and all other employees
authorized by section twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this section, shall
be appointed by the board of education except that in the city school
[districts] DISTRICT of the [cities] CITY of Buffalo [and Rochester],
the associate, assistant and district superintendents and all other
supervising staff who are excluded from the right to bargain collective-
ly pursuant to article fourteen of the civil service law shall be
appointed, within amounts budgeted therefor, by the superintendent of
such city school district AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
SIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND RELATED
PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY
SCHOOL DISTRICT OF THE CITY OF ROCHESTER THE ASSOCIATE, ASSISTANT,
DISTRICT SUPERINTENDENTS AND ALL OTHER CERTIFIED AND UNCERTIFIED SUPER-
VISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM THE
RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW SHALL BE APPOINTED, WITHIN AMOUNTS BUDGETED THEREFOR, BY THE
SUPERINTENDENT OF SUCH CITY SCHOOL DISTRICT AND THOSE SO APPOINTED SHALL
BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE
AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW. In a
city having a population of one million or more, such appointments shall
be made on nomination of the superintendent of schools. Notwithstanding
any other provision in this chapter to the contrary, whenever an associ-
ate superintendent of schools in the employ of the board of education in
a city having a population of one million or more fails of reappoint-
ment, said person shall be immediately appointed an assistant super-
intendent of schools with permanent appointment as said term permanent
appointment is defined in subdivisions four, five and six of this
section. The salary of such assistant superintendent shall be less than
the salary of an associate superintendent, but said differential in
salary shall not exceed ten per centum of the annual salary of an asso-
ciate superintendent of schools. When, however, an associate super-
intendent of schools who fails of reappointment has to his credit thirty
or more years of city service including ten or more years of service as
such associate superintendent of schools, he shall suffer no reduction
of salary or of pension prospects while serving as such assistant super-
intendent of schools.
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S 8. This act shall take effect immediately; provided, however, that
sections one through seven of this act shall take effect July 1, 2010;
provided, further, that the amendments to the opening paragraph of
section 2554 of the education law made by section one of this act shall
not affect the expiration of such opening paragraph and shall be deemed
to expire therewith.